SB3550 96TH GENERAL ASSEMBLY

LRB096 20497 JAM 36165 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3550

Introduced 2/10/2010, by Sen. Mattie Hunter

SYNOPSIS AS INTRODUCED:

5 ILCS 312/3-105	from Ch. 102, par. 203-105
5 ILCS 312/6-101	from Ch. 102, par. 206-101
5 ILCS 312/6-102	from Ch. 102, par. 206-102
5 ILCS 312/7-108	from Ch. 102, par. 207-108

Amends the Illinois Notary Public Act. Removes the notary public's personal knowledge of an individual as a means of verifying the individual's identity. Defines a "credible witness". Authorizes the Secretary of State to suspend a notary public's commission pending criminal investigation of alleged fraud by the notary or pending administrative review of the notary's suspected violations of the Act or suspected actions in bad faith. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Notary Public Act is amended by changing Sections 3-105, 6-101, 6-102, and 7-108 as follows:

(5 ILCS 312/3-105) (from Ch. 102, par. 203-105)

Sec. 3-105. Authority. A notary public shall have authority to perform notarial acts throughout the State so long as the notary resides in the same county in which the notary was commissioned or, if the notary is a resident of a state bordering Illinois, so long as the notary's principal place of work or principal place of business is in the same county in Illinois in which the notary was commissioned. Such authority shall remain in effect for the duration of the notary commission unless such commission is suspended or revoked in accordance with Section 7-108.

(Source: P.A. 91-818, eff. 6-13-00.)

(5 ILCS 312/6-101) (from Ch. 102, par. 206-101)

Sec. 6-101. Definitions. (a) "Notarial act" means any act that a notary public of this State is authorized to perform and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, and witnessing or attesting a signature.

(b) "Acknowledgment" means a declaration by a person that the person has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.

(c) "Verification upon oath or affirmation" means a declaration that a statement is true made by a person upon oath or affirmation.

(d) "In a representative capacity" means:

(1) for and on behalf of a corporation, partnership, trust, or other entity, as an authorized officer, agent, partner, trustee, or other representative;

(2) as a public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument;

(3) as an attorney in fact for a principal; or

(4) in any other capacity as an authorized representative of another.

(e) "Credible witness" means an honest, reliable, and impartial person who personally knows the individual appearing before a notary and takes an oath or affirmation from the notary to vouch for that individual's identity.

(Source: P.A. 84-322.)

(5 ILCS 312/6-102) (from Ch. 102, par. 206-102)

Sec. 6-102. Notarial Acts.

(a) In taking an acknowledgment, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the acknowledgment is the person whose true signature is on the instrument.

(b) In taking a verification upon oath or affirmation, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the verification is the person whose true signature is on the statement verified.

(c) In witnessing or attesting a signature, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the notary and named therein.

(d) A notary public has satisfactory evidence that a person is the person whose true signature is on a document if that person:

(1) (blank) is personally known to the notary;

(2) is identified upon the oath or affirmation of a credible witness who is identified on the basis of identification documents as defined in this Section and who is personally known to the notary; or

(3) is identified on the basis of identification documents. Identification Until July 1, 2013, identification documents are documents that are valid at the time of the notarial act, issued by a state or federal government agency, and bearing the photographic image of the individual's face and signature of the individual.

(Source: P.A. 95-988, eff. 6-1-09.)

(5 ILCS 312/7-108) (from Ch. 102, par. 207-108)

Sec. 7-108. Suspension or revocation of commission Revocation of Commission.

(a) The Secretary of State may suspend the commission of any notary public who, during the current term of appointment:

(1) is the subject of a criminal investigation into allegations of fraud; the suspension shall commence upon receipt of official written notice from a law enforcement agency by the Secretary of a pending fraud investigation against the notary and shall continue until receipt of official written notice from that law enforcement agency that the investigation has been concluded and that no further action will be taken or until adjudication by a court of competent jurisdiction of criminal charges against the notary in the notary's favor; or

(2) has, in the reasonable belief of the Secretary, (i) violated one or more provisions of this Act, (ii) acted in bad faith, or (iii) violated one or more provisions of this Act and acted in bad faith; the suspension shall continue pending administrative review.

(b) The Secretary of State may revoke the commission of any notary public who, during the current term of appointment:

(1) (a) submits an application for commission and appointment as a notary public which contains substantial and material misstatement or omission of fact; or

(2) (b) is convicted of any felony or official misconduct under this Act; or .

(3) is found upon administrative review to (i) have violated this Act, (ii) have acted in bad faith, or (iii) have violated this Act and acted in bad faith.

(Source: P.A. 84-322.)

Section 99. Effective date. This Act takes effect upon becoming law.